The Quiet Revolution
Obama has reinvented the state in more ways than you can imagine.
by John B. Judis in The New Republic
These days, liberals don’t know whether to feel betrayed by or merely disappointed with Barack Obama. They have gone from decrying his willingness to remove the public option from his health care plan to worrying that, in the wake of Democrat Martha Coakley’s defeat in Massachusetts, he won’t get any plan through Congress. On other subjects, too, from Afghanistan to Wall Street, Obama has thoroughly let down his party’s left flank.
Yet there is one extremely consequential area where Obama has done just about everything a liberal could ask for--but done it so quietly that almost no one, including most liberals, has noticed. Obama’s three Republican predecessors were all committed to weakening or even destroying the country’s regulatory apparatus: the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), the Securities and Exchange Commission (SEC), and the other agencies that are supposed to protect workers and consumers by regulating business practices. Now Obama is seeking to rebuild these battered institutions. In doing so, he isn’t simply improving the effectiveness of various government offices or making scattered progress on a few issues; he is resuscitating an entire philosophy of government with roots in the Progressive era of the early twentieth century. Taken as a whole, Obama’s revival of these agencies is arguably the most significant accomplishment of his first year in office.
The regulatory agencies, most of which date from one of the three great reform periods (1901–1914, 1932–1938, and 1961–1972) of the last century, were intended to smooth out the rough edges (the “externalities,” in economic jargon) of modern capitalism--from dirty air to dangerous workplaces to defective merchandise to financial corruption. With wide latitude in writing and enforcing regulations, they have been described as a “fourth branch of government.”
That wide latitude could invite abuses of power, but the old-time progressives who fashioned the regulatory state rested their hopes on what could be called “scientific administration.” Louis Brandeis and Herbert Croly--to name two of the foremost turn-of-the-century progressives--believed that the agencies, staffed by experts schooled in social and natural science and employing the scientific method in their decision-making, could rise above partisanship and interest-group pressure. Brandeis’s famous concept of states as “laboratories of democracy” comes out of his defense of state regulation of industry and was meant to conjure an image of states basing their regulatory activities on the scientific method. For his part, Croly often made the progressive case for disinterested expertise. The success of the regulatory agencies, he wrote, depended upon “a sufficient popular confidence in the ability of enlightened and trained individuals … and the actual existence for their use of a body of sufficiently authentic social knowledge.”
Many of the last century’s presidents--from Theodore Roosevelt to Jimmy Carter to Bill Clinton--subscribed to this progressive ideal of regulation based on expertise. But, beginning in the 1980s and culminating in the presidency of George W. Bush, the notion of scientific administration came under attack from Republicans and their allies. They began to subvert the agencies by bringing in business executives, corporate lawyers, and lobbyists--the very opposite of the impartial experts envisioned by Brandeis and Croly.
Reagan chose Thorne Auchter, the vice president of a construction firm, to head OSHA. Bush appointed a mining company executive to head the Mine Safety and Health Administration and a trucking company executive to head the Federal Motor Carrier Safety Administration. To lead OSHA, he named Edwin G. Foulke Jr., a longtime foe of the agency who had advised companies on how to block union organization.
Some of the Republican appointees weren’t business types, but ideologues or hacks who were utterly unqualified for their positions. Anne Gorsuch, whom Reagan nominated to head the EPA, was a rising member of the Colorado House of Representatives, where she was part of a conservative group known as the “House crazies.” Michael Brown, whom Bush appointed to run the Federal Emergency Management Agency (FEMA), had previously been commissioner of the International Arabian Horse Association.
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